TERMS & CONDITIONS – PARTY WALL SERVICES
Divaar Party Wall Surveyors
To protect your interests, please read these Terms and Conditions carefully. Once you instruct us to
act on your behalf in an agency role, or we are appointed in a statutory capacity as a Party Wall
Surveyor under the Party Wall etc. Act 1996, these Terms and Conditions will form a legally binding
agreement between us.
If you (the Client or Building/Adjoining Owner) are unsure about your rights under these Terms and
Conditions or need further clarification, please contact us.
1.0 INTRODUCTION
I. These Terms and Conditions apply to ‘Party Wall Services’ and should be read alongside the Letter
of Appointment and Fee Quotation. These documents provide specific details about the
appointment, including fees, timescales, and any information required from the Client or Appointing
Owner.
II. The purpose of these Terms and Conditions is to outline the scope of services provided by Divaar
Party Wall Surveyors and any personally appointed Surveyor in connection with serving notices or
fulfilling appointments under Section 10 of the Party Wall etc. Act 1996 (‘the Act’).
III. By instructing Divaar Party Wall Surveyors, the Client or Appointing Owner agrees to be bound by
these Terms and Conditions, as well as any additional terms set out in the Letter of Appointment or
Fee Proposal.
2.0 TERMINOLOGY
I. ‘We / Us’: Refers to Divaar Party Wall Surveyors or a Surveyor acting on behalf of Divaar Party Wall
Surveyors before formal appointment under Section 10 of the Act.
II. ‘You’: The Client or Appointing Owner.
III. ‘Consultant’: Refers to Divaar Party Wall Surveyors or a Surveyor acting on behalf of Divaar Party
Wall Surveyors before formal appointment under Section 10 of the Act.
IV. ‘Party Wall Surveyor’: The personally appointed Surveyor from Divaar Party Wall Surveyors who
fulfils an appointment under Section 10 of the Act. This may be as an Agreed Surveyor or a Party-
Appointed Surveyor.
V. ‘Client’: The party appointing us before a formal appointment under Section 10 of the Act.
VI. ‘Appointing Owner’: The party appointing us after a formal appointment under Section 10 of the
Act.
VII. ‘Schedule’: A Schedule of Condition attached to an Award or provided by us in an agency role,
agreed by the Owners.
VIII. ‘Letter of Appointment’: The signed authorisation giving the Consultant authority to sign, issue,
send, receive, and respond to notices under the Act and fulfil duties under Section 10 as a Party Wall
Surveyor.
IX. ‘Appointment’: The services to be provided by the Consultant.
X. ‘The Property’: The premises to which the appointment relates.
XI. ‘Building Owner’: The party proposing notifiable works under the Act.
XII. ‘Adjoining Owner’: The party owning or occupying a property within the prescribed distance of
the Building Owner’s property, who must be notified under the Act.
XIII. ‘Award’: A legally binding decision issued by the Party Wall Surveyor(s) under the Act.
3.0 SCOPE OF APPOINTMENT
I. The Consultant may be appointed to:
- Provide general advice before a dispute arises (outside Section 10 of the Act), or
- Act under Section 10 of the Act if a dispute arises. In this case, the appointed Surveyor will be
referred to as the ‘Party Wall Surveyor’.
II. The Client may be a Building Owner or Adjoining Owner seeking initial advice before a formal
appointment under Section 10 of the Act. Once appointed under Section 10, the Client will be
referred to as the ‘Appointing Owner’.
III. After appointment under Section 10, the Party Wall Surveyor and Appointing Owner do not have
a traditional Client-Surveyor relationship. This is replaced by the statutory nature of the
appointment.
IV. The Party Wall Surveyor’s role includes:
- Serving and receiving notices.
- Preparing the Award and Schedule of Condition for works falling under the Act.
V. The Party Wall Surveyor is not responsible for:
- Designing works under the CDM Regulations (2007) or otherwise.
- Acting as a Contract Administrator or Project Manager.
- Overseeing materials, workmanship, or statutory compliance.
VI. The Consultant/Party Wall Surveyor is not liable for:
- The actions of the Client/Appointing Owner.
- The failure of the Client/Appointing Owner to comply with their duties under the Act.
- The actions of other Surveyors appointed under the Award.
VII. All appointments must be made in writing and authorised by all property owners.
VIII. The appointment may include, but is not limited to:
- Advising on the notifiability of proposed works.
- Preparing and serving notices.
- Receiving, reviewing, and responding to notices.
- Preparing and serving Awards.
- Preparing Schedules of Condition.
- Verifying Schedules of Condition prepared by others.
IX. The Consultant/Party Wall Surveyor will:
- Work within the timescales specified by the Client/Appointing Owner.
- Review all necessary information before inspecting the property.
- Conduct work in accordance with the Party Wall etc. Act 1996.
4.0 EXTENT OF INSPECTION FOR A SCHEDULE OF CONDITION
I. The Schedule of Condition inspection is visual only and does not constitute a survey. It does not
diagnose or predict defects. The Consultant/Party Wall Surveyor assumes the property is safe to
enter and inspect.
II. The Client/Appointing Owner must provide:
- A copy of any asbestos register or report.
- Relevant Health & Safety information.
III. If roof access is required and cannot be safely achieved with a ladder under 3 metres, a roof
access hoist may be used at an additional cost.
IV. The inspection is non-intrusive and limited to the areas specified in lease plans or other
documents provided by the Client/Appointing Owner.
V. The Consultant/Party Wall Surveyor will not:
- Inspect inaccessible parts of the property.
- Test water, mechanical, heating, electrical, or drainage installations unless instructed.
- Take samples of suspected hazardous materials.
VI. The Schedule does not cover:
- Environmental issues (e.g., contamination, pollution, or energy efficiency).
- Mining or subsidence risks.
- Compliance with planning or building regulations.
5.0 APPOINTMENT FEES
I. Fees are typically agreed directly with the Client/Appointing Owner. If no specific fee is agreed, the
following rates apply:
- Time Charge: £165.00 per hour.
- Fixed Fees:
- Preparation and service of Notices: £100.00 per notice.
- Preparation and service of an Award (Agreed Surveyor): £1,500.00.
- Preparation and service of an Award (Party-Appointed Surveyor): £1,250.00.
- Preparation of a Schedule of Condition: £550.00.
- Verification of a Schedule of Condition: £350.00.
II. Fees are payable on completion of the appointment or at agreed interim stages. Award fees are
due immediately upon service of the Award.
III. Fixed fees are based on a maximum of 6 hours. Additional time will be charged at the agreed
hourly rate.
IV. Out-of-hours work will be charged at 150% of the standard rate.
6.0 ABORTIVE FEES
I. If the Client/Appointing Owner terminates the appointment, abortive fees will apply:
- Time charge appointments: Minimum £300.00 or time expended at the agreed rate.
- Fixed fees: 50% of the total fee, or 100% if the task was over 75% complete.
II. Fees for Sub-Consultants appointed on behalf of the Client/Appointing Owner will also be
chargeable.
7.0 SUB-CONSULTANTS
I. If a Sub-Consultant is appointed, their fees will be submitted directly to the Appointing Owner or
responsible party.
II. Abortive fees for Sub-Consultants will follow the same basis as outlined in Section 6.0.
8.0 INVOLVEMENT PRIOR TO FORMAL INSTRUCTION
I. Divaar Party Wall Surveyors may charge for initial advice or document review before formal
appointment. These fees may be waived or offset against future appointment fees at our discretion.
9.0 DISBURSEMENTS
I. Disbursements (e.g., travel, postage, roof access) are additional to the stated fee. Travel costs are
charged at 90 pence per mile.
II. Duplication of documents and Awards is chargeable as follows:
- Award (without drawings or Schedule): £20.00 per copy.
- Award (with drawings): £30.00 per copy.
- Award (with Schedule): £40.00 per copy.
- Award (with drawings and Schedule): £45.00 per copy.
10.0 CLIENTS/APPOINTING OWNER’S DUTIES
I. The Client/Appointing Owner must:
- Provide all necessary information, including asbestos registers.
- Ensure funds are available to settle fees within 14 days of invoicing.
- Grant full access to the property.
- Ensure the property is adequately insured during works.
II. If the Client/Appointing Owner serves their own notices, we may verify and reissue them at an
additional cost.
11.0 GENERAL EXCLUSIONS
I. Divaar Party Wall Surveyors is not responsible for:
- Fees incurred by other Consultants or Sub-Consultants.
- The content of reports or documents prepared by others.
- The actions of other Consultants, Sub-Consultants, or Contractors.
II. Schedules prepared by us are not exhaustive lists of required repairs.
12.0 REPRODUCTION OF INFORMATION & COPYRIGHT
I. All documents prepared by Divaar Party Wall Surveyors are for the sole use of the parties to whom
they are addressed. They may not be disclosed to third parties without prior agreement.
II. Advice provided by us is confidential and intended solely for the Client/Appointing Owner. No
liability is accepted to third parties relying on such advice.
III. No part of any document may be reproduced or published without our prior written consent.
13.0 TERMS OF PAYMENT
I. Where an Award is made and served under the Party Wall etc. Act 1996, the Surveyor’s fees in
connection with the making and service of the Award shall become due and payable immediately
upon service of the Award, whether or not an invoice has been issued.
II. Accounts must be settled within 14 days of the invoice date. Late payments will incur a service
charge of £80.00 or 5% of the unpaid balance (whichever is greater) and interest at 5% above the
Bank of England base rate.
III. Reasonable administrative charges may be applied for time spent issuing payment reminders or
corresponding in relation to overdue accounts, charged at the Consultant’s prevailing hourly rate of
£165, calculated on a time-spent basis, with a minimum charge of £25 per reminder.
IV. Outstanding accounts may be passed to Debt Collectors after 60 days, with an additional
surcharge of £150.00.
14.0 BUSINESS TITLE
I. Divaar Party Wall Surveyors is a trading name operating in England, providing professional party
wall surveying services in accordance with the Party Wall etc. Act 1996.